A Selection of Leading Cases on Mercantile and Maritime Law: With NotesW. Maxwell and son, 1884 - 1220 pages |
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Page 203
... possession of by persons ad- versely to the owner , and so it is in the case of a barratry ; but here the ship was taken possession of by persons acting not adversely , but for the joint benefit of them- selves and the owners , and the ...
... possession of by persons ad- versely to the owner , and so it is in the case of a barratry ; but here the ship was taken possession of by persons acting not adversely , but for the joint benefit of them- selves and the owners , and the ...
Page 282
... possession . See Horwood v . Smith , 2 T. R. 750 , which was a case where sheep had been stolen , and sold by the thief in market overt to a person to whom the owner gave notice of the theft , but who resold the sheep be- fore the ...
... possession . See Horwood v . Smith , 2 T. R. 750 , which was a case where sheep had been stolen , and sold by the thief in market overt to a person to whom the owner gave notice of the theft , but who resold the sheep be- fore the ...
Page 304
... possession of the goods .... " And an agent in possession as aforesaid of such goods or documents shall be taken for the purposes of this Act , to have been intrusted therewith by the owner thereof , unless the con- trary can be shown ...
... possession of the goods .... " And an agent in possession as aforesaid of such goods or documents shall be taken for the purposes of this Act , to have been intrusted therewith by the owner thereof , unless the con- trary can be shown ...
Page 306
... possession of the document has been obtained by fraud , without any real intrustment by the owner whatever , for a person obtaining possession in such a manner , having no title either as principal or agent , can confer none upon ...
... possession of the document has been obtained by fraud , without any real intrustment by the owner whatever , for a person obtaining possession in such a manner , having no title either as principal or agent , can confer none upon ...
Page 310
... possession of the horse , nor anything but a condition , and therefore the second contract was merely void . It is true that in Noy's Maxims , p . 88 , it is laid down , that " if I sell my horse for money , I may keep him until I am ...
... possession of the horse , nor anything but a condition , and therefore the second contract was merely void . It is true that in Noy's Maxims , p . 88 , it is laid down , that " if I sell my horse for money , I may keep him until I am ...
Other editions - View all
A Selection of Leading Cases on Mercantile and Maritime Law: With Notes ... Owen Davies Tudor No preview available - 2020 |
A Selection of Leading Cases on Mercantile and Maritime Law: With Notes ... Owen Davies Tudor No preview available - 2017 |
Common terms and phrases
act of bankruptcy action agent amount assignment assured average bank bankrupt Beav bill of lading Bing bona fide bottomry bond Campb cargo charter-party chattels claim consignee contract Court court of equity Crawshay damage debt debtor deed defendant delivered delivery East effect entitled Exch firm foreign fraud fraudulent freight held hypothecation indorsed insured interest joint creditors judgment L. R. Ch L. R. Eq law of France liable lien London Assurance Co Lord Lord Eldon Lord Ellenborough Lord Mansfield master ment notice of abandonment paid parties partner partnership payment person plaintiff port possession principle purchaser question recover repairs reputed ownership Royal Exchange Assurance rule ruptcy separate estate ship Smith sold statute stoppage in transitu Taunt tion total loss trade transaction trover trustee underwriters vendee vendor vessel Vict voyage
Popular passages
Page 301 - But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 300 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 706 - All goods, being at the commencement of the bankruptcy in the possession, order, or disposition of the bankrupt, in his trade or business, by the consent and permission of the true owner, under such circumstances that he is the reputed owner thereof...
Page 538 - The advance of money by way of loan to a person engaged or about to engage in any business on a contract with that person that the lender shall receive a rate of interest varying with the profits...
Page 301 - Where a person takes a crossed cheque which bears on it the words ' not negotiable, ' he shall not have, and shall not be capable of giving, a better title to the cheque than that which the person from whom he took it had.
Page 539 - In the event of any such trader as aforesaid being adjudged a bankrupt, or taking the benefit of any Act for the relief of insolvent debtors...
Page 280 - ... behalf of the owner of the property, or his executor or administrator, and convicted thereof, in such case 'the property shall be restored to the owner or his representative ; and...
Page 659 - The duties of the holder with respect to presentment for acceptance or payment, and the necessity for or sufficiency of a protest or notice of dishonour, or otherwise, are determined by the law of the place where the act is done, or the bill is dishonoured.
Page 301 - ... fide taken or received by transfer or delivery, by some person or body corporate, for a just and valuable consideration, without any notice, or without any reasonable cause to suspect that the same had by any felony or misdemeanor been stolen, taken, obtained, extorted, embezzled, converted, or disposed of, in such case the court shall not award or order the restitution of such security...
Page 659 - Kingdom, it may, for the purpose of enforcing payment thereof, be treated as valid as between all persons who negotiate, hold, or become parties to it in the United Kingdom.